Room 8 169 Wells Road Totterdown Bristol BS4 2BU CHI/00HB/MNR/2023/0282

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/00HB/MNR/2023/0282
Between
Mr T E YatesApplicantMr N AhmedRespondentMr Thomas Edward YatesTenantMr Nadeem AhmedLandlord
Before
Mr I R Perry FRICSMs C D Barton MRICSMr N I Robinson FRICSNone for the ApplicantDate 30 January 2024Property: Room 8, 169 Wells Road, Totterdown, Bristol, BS4 2BU

DECISION

[1]On 30th January 2024 the Tribunal determined a market rent of £550 per month to take effect from 1st December 2023. Background[2]The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.[3]On 21st October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £550 per month to take effect from 1st December 2023. The notice complied with the legal requirements.[4]On 29th November 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not routinely consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.[6]The Tribunal issued directions on 18th December 2023 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.[7]The Tenant submitted a bundle of some 242 pages which was also copied to the other party. The Landlord made no submission to the Tribunal.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 30th January 2024 based on the written representations received.[9]These reasons address in summary form the key issues raised by the parties. They do not recite each and every point referred to either in submissions or during any hearing. However, this does not imply that any points raised, or documents not specifically mentioned were disregarded. If a point or document was referred to in the evidence or submissions that was relevant to a specific issue, then it was considered by the Tribunal. The Tribunal concentrates on those issues which, in its opinion, are fundamental to the application. The Law S14 Determination of Rent by First-tier Tribunal(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy- (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded- (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely- (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. The Property[10]From the information given in the papers and available on the internet, the property comprises a single attic room within a converted semi-detached house, itself within a residential area on the southern side of Bristol, about 1 kilometre from the city centre.[11]There are 9 let rooms in the house, 2 shared bathrooms, a separate WC and a shared kitchen. Outside is a small yard to the rear and a lawn to the front which are also shared. Submissions[12]The initial tenancy began on 1st July 2018 at a rent of £450 per month to include service bills and council tax. Furniture was also included comprising a bed, couch, 2 wardrobes, set of drawers, 3 chairs and a table.[13]The Tenant refers to a number of repair issues including black mould in kitchen cupboards, gaps behind the oven where mice have been seen, a large crack to plaster above the oven, a radiator in his room with no temperature control, defects to washbasin and bathroom light, water penetration into his room around Velux window and defective taps. Most serious is an infestation by cockroaches through the past year. He provides photographs and videos of cockroaches in the property and in his room.[14]The Tenant suggests that the Landlord is in breach of his repairing obligations under s11 of Landlord and Tenant Act 1985 and provides a history of disrepair, including issues from January 2024, with over 70 supporting photographs and over 30 videos which include a historic water leak to his room, exposed electrical wiring, cracked and water damaged plaster, broken furniture, inadequate waste disposal facilities and neglected common areas.[15]The Tenant also supplied the Tribunal with Rightmove details of other small properties to rent in the general area, with many Studios in excellent condition available from £550 per month upwards. Consideration and Valuation[16]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so.[17]The Tribunal is required to determine the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy. The personal circumstances of the Parties are not relevant to this issue.[18]Having carefully considered the representations from the Tenant and associated correspondence and using its own judgement and knowledge of rental values in Bristol the Tribunal decided that there was no evidence to suggest a rent increase in the property was justified. Determination[19]The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy remains at £550 month which includes some, albeit damaged, furniture together with utility costs and council tax. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. Where possible you should send your application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. --- decision_2.pdf --- © CROWN COPYRIGHT 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/00HB/MNR/2023/0282 Property : Room 8 169 Wells Road Totterdown Bristol BS4 2BU Applicant Tenants : Mr T E Yates Representative : None Respondent Landlord : Mr N Ahmed Representative : None Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Ms C D Barton MRICS Mr N I Robinson FRICS Date of Inspection : None. Paper determination Date of Decision : 30th January 2024 DECISION CHI/43UG/MNR/2023/0281 2 Summary of Decision[1]On 30th January 2024 the Tribunal determined a market rent of £550 per month to take effect from 1st December 2023. Background[2]The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.[3]On 21st October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £550 per month to take effect from 1st December 2023. The notice complied with the legal requirements.[4]On 29th November 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not routinely consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.[6]The Tribunal issued directions on 18th December 2023 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.[7]The Tenant submitted a bundle of some 242 pages which was also copied to the other party. The Landlord made no submission to the Tribunal.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 30th January 2024 based on the written representations received.[9]These reasons address in summary form the key issues raised by the parties. They do not recite each and every point referred to either in submissions or during any hearing. However, this does not imply that any points raised, or documents not specifically mentioned were disregarded. If a point or document was referred to in the evidence or submissions that was relevant to a specific issue, then it was considered by the Tribunal. The Tribunal concentrates on those issues which, in its opinion, are fundamental to the application. The Law S14 Determination of Rent by First-tier Tribunal(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be CHI/43UG/MNR/2023/0281 3 expected to be let in the open market by a willing landlord under an assured tenancy- (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded- (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely- (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling- house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. CHI/43UG/MNR/2023/0281 4 The Property[10]From the information given in the papers and available on the internet, the property comprises a single attic room within a converted semi-detached house, itself within a residential area on the southern side of Bristol, about 1 kilometre from the city centre.[11]There are 9 let rooms in the house, 2 shared bathrooms, a separate WC and a shared kitchen. Outside is a small yard to the rear and a lawn to the front which are also shared. Submissions[12]The initial tenancy began on 1st July 2018 at a rent of £450 per month to include service bills and council tax. Furniture was also included comprising a bed, couch, 2 wardrobes, set of drawers, 3 chairs and a table.[13]The Tenant refers to a number of repair issues including black mould in kitchen cupboards, gaps behind the oven where mice have been seen, a large crack to plaster above the oven, a radiator in his room with no temperature control, defects to washbasin and bathroom light, water penetration into his room around Velux window and defective taps. Most serious is an infestation by cockroaches through the past year. He provides photographs and videos of cockroaches in the property and in his room.[14]The Tenant suggests that the Landlord is in breach of his repairing obligations under s11 of Landlord and Tenant Act 1985 and provides a history of disrepair, including issues from January 2024, with over 70 supporting photographs and over 30 videos which include a historic water leak to his room, exposed electrical wiring, cracked and water damaged plaster, broken furniture, inadequate waste disposal facilities and neglected common areas.[15]The Tenant also supplied the Tribunal with Rightmove details of other small properties to rent in the general area, with many Studios in excellent condition available from £550 per month upwards. Consideration and Valuation[16]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so.[17]The Tribunal is required to determine the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy. The personal circumstances of the Parties are not relevant to this issue.[18]Having carefully considered the representations from the Tenant and associated correspondence and using its own judgement and knowledge of rental values in Bristol the Tribunal decided that there was no evidence to suggest a rent increase in the property was justified. CHI/43UG/MNR/2023/0281 5 Determination[19]The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy remains at £550 month which includes some, albeit damaged, furniture together with utility costs and council tax. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. Where possible you should send your application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.